Can you force tenants to do things?

King_Of_Bling

Is it legal to require house rental tenants to sign a contract so they are responsible for all repairs etc. like you can with commercial tenants? Say the boiler breaks down, they pay for the repair, if the drains get blocked because they poured fat in there, they have to pay for it to get it unblocked...and other things like these.

BitterAndTwisted

The boiler is the landlord's property therefore they are responsible for repairs. If the drains get blocked and it's provable that it's the tenant's fault then they can be charged for it.

If the roof starts to leak would you expect the tenants to foot the bill?

You could get all sorts of dodgy clauses written into a residential rental agreement but that doesn't mean that a court would agree that all of the clauses are legally enforceable.

Callie22

I would run a mile from any landlord that handed me a contract like that.

may_fair

King_Of_Bling wrote: »

Is it legal to require house rental tenants to sign a contract so they are responsible for all repairs etc. like you can with commercial tenants? Say the boiler breaks down, they pay for the repair, if the drains get blocked because they poured fat in there, they have to pay for it to get it unblocked...and other things like these.

No, you can't. If this is a residential tenancy in England/Wales, the LL is inescapably bound by s.11 Landlord and Tenant Act 1985. See
http://www.legislation.gov.uk/ukpga/1985/70/section/11

The contract, whatever it said, wouldn't override statute.

You can charge the T for the cost of the repair if it's due to his negligence, however.

G_M

Callie22 wrote: »

I would run a mile from any landlord that handed me a contract like that.

I wouldn't. I'd negotiate a nice big discount on the rent in return for signing such a contract.

Then when the boiler broke down or the drains got blocked, I'd laugh all the way the Landlord and Tenant Act and make the landlord pay!

Are you a prospective tenant or landlord? If landlord, you niaivity and lack of knowledge is astounding. Do NOT do anything until you have learnt the law. Read here to start with.

geoffky

please please tell me you are not a landlord or slumlord ?

KateLiana27

Put your energy into finding good tenants instead. And start building up your emergency repairs fund.

olly300

King_Of_Bling wrote: »

Is it legal to require house rental tenants to sign a contract so they are responsible for all repairs etc. like you can with commercial tenants? Say the boiler breaks down, they pay for the repair, if the drains get blocked because they poured fat in there, they have to pay for it to get it unblocked...and other things like these.

No you can't.

As a residential landlord in England you have certain legal responsibilities.

These are mainly for the structure, maintenance and repair of the building and heating.

The Shelter website gives you a good idea of what you are responsible for.

If you decide to ignore these responsibilities depending on what local council you come under they may decide to come after you. I have been a resident of 2 local councils where the EHOs have been happy to pursue some landlords. Mainly the tenants of these landlords are consistent with following in advice and with their story telling.

However grey areas like white goods and the garden should be put in your contract otherwise you may find yourself with the hassle of dealing with a court over a deposit.

In the case of these goods it's a good idea to take responsibility otherwise you may find yourself with not only a broken washing machine but water damage to the property, which is more than the tenants deposit. Or tenants destroying bushes/trees that are worth more than the deposit.

Naf

geoffky wrote: »

please please tell me you are not a landlord or slumlord ?

Also, post up your details so I can make sure to never rent from you...

I have met people who came to an agreement with LL to get reduced rent and do up kitchen/bathroom etc. while they lived there, but its not really the same thing.
I doubt you'd get many tenants if you tried, and if you did manage to sneak it past them they'd soon be on here being advised how unenforceable the whole thing is, and still charging you for it anyway.

theartfullodger

You don't force tenants to do things, you ask them nicely/persuade them.. after you carefully credit-checked and referenced them, including from the landlord before their current LL (current LL may want shot of them..).

You also, as others have pointed out, accept your full legal responsibilities for repairs etc.. Setting an example as a Landlord that it's OK to ignore the law is not a route likely to be a happy one...

Cheers!

ivyleaf

Different situation i suppose, but we have a "DIY shared ownership" house. We own 25% of it and pay rent to a housing association for the other 75%, and we have a "Full Repairing Lease" meaning we are responsible for all maintenance and repairs. So such a thing does exist, but perhaps not for private landlords.